Photo: Abby Zwerner/Facebook
Abby Zwerner, the Virginia teacher who was shot by a 6-year-old student in January, no longer works for Newport News Public Schools and there's a dispute over whether she was fired or resigned, WAVY reports.
Zwerner's attorney, Jeffrey Breit, told the news station Tuesday (June 13) that his client was fired.
“I don’t think you can read this any other way than you’ve been fired,” Breit said via WAVY. “And that’s what she thinks. She doesn’t understand it; there’s no other communication.”
An email exchange sent to the news station by Newport News Public Schools includes two identical emails sent by the NNPS Human Resources Department on March 20 and again on May 22 with "Exit Letter" as the subject line, as well as the text, “NNPS has processed a separation of employment for you effective the close of business 06/12/2023," implying a resignation took place. The email also includes guidelines Zwerner needed to follow as part of her departure, such as items to turn in, an address for leave balances, an exit questionnaire and other related details.
Michelle Price, a spokesperson for NNPS, said Zwerner notified the district of her resignation plans in March, which included sending the following to its Human Resources Department: "I wish to resign. Thank you."
"The email that Ms. Zwerner received from the Human Resources Department is a confirmation of her separation of service from Newport News Public Schools," Price said in a statement issued to WAVY. "Every employee who is separating from the school division receives a similar communication. Ms. Zwerner notified the Human Resources Department that she was resigning from her position as a teacher for NNPS on March 13, 2023.
"Ms. Zwerner was an employee of Newport News Public Schools until June 12, 2023, the last day of her contract."
Breit said Zwerner was shocked by the school's resignation claims and accused the district attempted to "squeeze her" out of her job.
“To say we were shocked is an understatement; we have litigation,” Breit said via WAVY. “They haven’t paid her in a couple of months. They are trying to squeeze her. She has to August 1 to leave or re-sign, (but) they fire her two months early. The only thing I can think, they were trying to put pressure on her because we filed suit. It’s outrageous, as outrageous as I’ve ever seen.”
Breit claimed that NNPS hadn't paid Zwerner since February after attempting to offer her workers' compensation, which she refused.
“They sent a check to her back account,” Breit said via WAVY. “Her worker comp check – two-thirds of pay – they sent it to her. We immediately sent it back. This is not workers comp.”
Breit added that NNPS "tried to see if she would cash the worker comp check so they could claim, ‘Oh, look, she took workers comp. She can’t sue us now.'”
Zwerner filed a $40 million lawsuit alleging that school administrators ignored multiple warnings from staff and students regarding the child prior to the incident earlier this year. The incident took place at Richneck Elementary School in Newport News on January 6. Zwerner was shot by a 6-year-old with a 9mm handgun while she sat at a reading table, officials confirmed.
The complaint, which was filed in the Newport News Circuit Court, accuses former Richneck assistant principal Ebony Parker, who resigned in the wake of the shooting, of breaching "her assumed duty" to protect Zwerner "despite multiple reports that a firearm was on school property and likely in possession of a violent individual." The lawsuit also named the Newport News School Board, former schools superintendent George Parker III -- who was removed by the board "without cause" following the incident -- and former Richneck principal Briana Foster Newton -- who transferred to a different role within the district -- as defendants.
Zwerner claims she suffered "physical pain and mental anguish" in relation to the incident. Local authorities praised the 25-year-old for managing to escort her class of about 20 to safety despite being shot and suffering serious wounds to her hand and chest during the incident.
In January, George Parker III told parents that at least one school official was notified of the Richneck Elementary first grader possibly having a 9mm handgun in his possession ahead of the shooting.
“At least one administrator was notified of a possible weapon in the timeline that we’re reviewing and was aware that that student had, there was a potential that there was a weapon on campus,” the then-superintendent told parents in a clip of the meeting broadcast by WAVY-TV, which gained access from a parent.
The lawsuit claims the 6-year-old, who was identified as John Doe, had shown examples of troubling behavior in the past, having strangled and choked a teacher, as well as pulling up the dress and "inappropriately" touch a female student who fell on the playground, during the previous school year. The boy initially transferred out of Richneck and was placed in a different school within the Newport News district before being allowed to transfer back ahead of the 2022-23 school year and placed on a modified schedule after "chasing students around the playground with a belt in an effort to whip them with it, as well as cursing at staff and teachers," the complaint states.